Employment Law

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The system of employment and industrial relations in Australia is complex and highly regulated. Employers and employees have to navigate a web of national and state-based laws that operate alongside awards, enterprise agreements, employment contracts and workplace policies.

Getting it Wrong

Where a business fails to properly understand and meet its employment obligations, the results can be very damaging. In recent times a large number of high-profile national businesses have been found to have underpaid their employees. As a result, they’ve been required to reimburse their employees, as well as pay interest and heavy fines. This is aside from the damage to their reputation.

If big businesses can make mistakes that cost them millions then small business employers, who usually don’t have the time or specialist knowledge to navigate this complex system, face a substantial risk.

Risks

Some of the high-risk areas for both employers and employees include:

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Correct payment of wages
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Annual leave and long service leave entitlements
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Paid personal and sick leave
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Work performance and dismissal
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Discrimination
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Workplace health and safety

Advice

At every stage of the employment relationship from recruitment to contracting, employee entitlements, performance management or advice on termination of employment, unfair dismissals or discrimination, individuals and businesses need comprehensive and commercially sound advice on the following:

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Employment contracts
Pro forma tailored to a specific business, for various types of employees, executive employees or independent contractor agreements.
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Performance & Misconduct Management
Advice on how to handle and manage underperforming or misbehaving employees to maintain productivity and a cohesive working environment, advice on how to investigate alleged misconduct.
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Termination of Employment
Assessing whether misconduct warrants termination, the necessary steps before & after termination, risks associated with termination, advice on employee entitlements, redundancy and restructuring.
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Workplace Policy & Guidelines Booklets
Assistance with preparing workplace policies and handbooks covering areas such as:
induction of new staff, workplace health and safety, leave (sick, unpaid, parental etc), discrimination, bullying, performance management, redundancy.
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General protections, discrimination or sexual harassment claims
Advice for employers or employees on protections from adverse treatment because of exercising workplace rights, race, gender, sexual orientation, age, physical or mental disability, marital status, family or carer’s responsibilities, pregnancy, religion, political opinion or social origin.
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Unpaid wages or entitlements claims
Advice for employers or employees on unpaid wages and entitlements, recovering unpaid wages or entitlements and responding to a claim.

Compliance Review

Greenhalgh Pickard offers obligation-free, fixed-fee industrial relations and employment law health checkups for small and medium businesses.

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